Breaking Down Mandatory Minimum Sentences
When someone is charged with a crime, one of the most serious issues they may face is the prospect of a mandatory minimum sentence. Unlike sentences that give judges more flexibility, mandatory minimums require a specific amount of prison time that can't be shortened by good behavior, plea deals, or mitigating circumstances.
At Hug and Jacobs LLC, we’ve represented countless clients facing serious charges in Omaha, Nebraska. Our experienced criminal defense attorney knows that mandatory minimums can mean years of imprisonment, regardless of the individual facts of a case. That’s why it’s essential for defendants and their families to know what these laws mean.
What Mandatory Minimums Mean in Nebraska
Mandatory minimum sentences are laws that require judges to impose a fixed amount of prison time for specific offenses, removing their ability to issue lighter sentences—even when the situation might warrant it. These laws are commonly applied in cases involving repeat offenders, drug trafficking, firearm use during a crime, or violent felonies.
Judges aren’t permitted to consider mitigating factors when applying these sentences, and options like parole, probation, or early release are often severely limited or unavailable. Mandatory minimums are applied uniformly, regardless of the defendant’s personal background, intent, or the actual harm caused.
Because these sentences are dictated by statute, courts have no choice but to impose them when applicable. This means even first-time offenders can receive lengthy prison terms if convicted of qualifying crimes. A criminal defense attorney can review the charges to determine whether a mandatory minimum applies.
Common Crimes With Mandatory Minimums
Not all criminal charges in Nebraska come with a mandatory minimum sentence, but some categories of crimes are much more likely to include them. Drug crimes, firearm-related offenses, and certain sexual assault charges are just a few examples.
Examples of charges that may carry mandatory minimums include:
Felony drug distribution: Nebraska law requires minimum sentences for trafficking and distributing controlled substances, especially when large quantities or repeat offenses are involved.
Use of a firearm to commit a felony: This charge typically adds years to the base sentence, even if the gun wasn’t fired.
Sexual assault of a child: A conviction may carry a mandatory minimum prison term, particularly for repeat offenders or those convicted of first-degree assault.
Habitual criminal enhancements: If someone has two or more prior felony convictions, Nebraska law can require a mandatory minimum sentence on a new felony conviction.
Because the stakes are so high, anyone charged with these offenses should work with a criminal defense attorney immediately to explore all possible defenses or ways to reduce the severity of the charges.
Why Mandatory Minimums Were Created
Mandatory minimum sentencing laws were created to bring more consistency to the criminal justice system. Lawmakers aimed to reduce sentencing disparities by removing judicial discretion and applying fixed penalties to certain crimes.
The intended goals included promoting uniformity across courts and counties, deterring repeat offenses through harsher punishments, limiting decisions that could be swayed by personal bias or emotion, and providing clear, measurable consequences for serious criminal conduct.
While these objectives may have seemed reasonable in theory, critics argue that mandatory minimums have often done more harm than good. Instead of promoting fairness, the laws have tied judges’ hands, making it impossible to consider individual circumstances that might otherwise justify a more lenient sentence.
Problems With Mandatory Minimum Sentences
Mandatory minimums can result in sentences that don’t match the facts of the case or the background of the person convicted. Instead of allowing judges to weigh each case individually, the law applies a one-size-fits-all approach that doesn’t always serve justice.
Problems that come with mandatory minimum sentencing:
Overly harsh sentences: People with no prior criminal record may receive long prison terms, even when the offense didn’t involve violence.
Prison overcrowding: Long sentences increase prison populations, placing strain on correctional systems and taxpayers.
Reduced incentives for plea deals: Defendants may be less willing to accept plea offers when they face prison time.
Disproportionate impact on certain communities: Mandatory minimums can worsen racial and socioeconomic disparities in incarceration.
Limited rehabilitation opportunities: With no chance for early release, many inmates miss out on programs designed to help them reintegrate into society.
A skilled criminal defense attorney will work to highlight these issues in court and argue for more proportional outcomes where possible.
How Judges and Prosecutors Handle These Cases
Even though judges must follow mandatory minimum sentencing laws, prosecutors hold significant power in shaping the outcome of these cases. They decide which charges to file and which ones to drop during plea negotiations, giving them considerable influence over whether a mandatory minimum sentence will apply.
For instance, prosecutors may “overcharge” a case initially to gain leverage, making it more likely that a defendant will accept a plea deal. In other situations, they might agree to reduce or dismiss charges that carry mandatory minimums in exchange for a guilty plea to a lesser offense.
Depending on the strength of the evidence or internal policies, prosecutors sometimes choose not to pursue a mandatory minimum charge at all. While judges have limited discretion when mandatory charges remain, they may have more sentencing flexibility if those charges are reduced or dropped.
Because of this prosecutorial discretion, having a criminal defense attorney is critical. An experienced attorney can advocate for reduced charges, explore alternative sentencing options, and work toward outcomes focused more on rehabilitation than punishment.
Alternatives to Incarceration in Some Cases
Although mandatory minimum sentences limit judicial discretion, some defendants may still qualify for alternatives to incarceration, depending on the charge and the circumstances. These alternatives may be available through negotiated pleas, diversion programs, or other pretrial agreements.
Potential alternatives to a mandatory minimum sentence may include:
Diversion programs: First-time offenders may be allowed to complete a drug or mental health program in exchange for reduced charges.
Deferred sentencing agreements: The court may delay sentencing while the defendant meets certain requirements, such as counseling or community service.
Reduction in charges: Prosecutors may drop mandatory minimum charges in exchange for a guilty plea to a lesser offense that carries no mandatory prison time.
Youth sentencing alternatives: For juveniles, courts may pursue rehabilitation-focused outcomes rather than mandatory adult sentencing.
A criminal defense attorney can determine whether any of these options are available and advocate for their application based on your background, the evidence, and the unique circumstances of your case.
Federal vs. State Mandatory Minimums
It’s important to understand the distinction between Nebraska’s state-level mandatory minimum sentences and those imposed under federal law. Federal offenses—particularly those involving drugs and firearms—often come with harsher minimum sentences and apply to a wider range of conduct, including large-scale trafficking and conspiracy charges.
Federal judges must adhere to strict sentencing guidelines, though prosecutors still play a significant role in shaping outcomes through plea agreements. In contrast, Nebraska state laws may offer more room for flexibility, especially in cases involving lower-level or first-time offenses.
Federal cases typically involve larger quantities of drugs, activity that crosses state lines, or ties to organized crime. If you’re charged in federal court, it's even more essential to have a criminal defense attorney who’s experienced in both state and federal systems and understands how to build a defense that fits the jurisdiction and the severity of the charges.
How a Defense Lawyer Can Help
Facing a charge with a mandatory minimum sentence is one of the most serious legal challenges anyone can encounter. With little room for error and very limited flexibility from the court, it's essential to have a criminal defense attorney who fully understands Nebraska law, local court procedures, and how to build an effective strategy against these charges.
An experienced attorney can identify weaknesses in the prosecution’s case that may support a dismissal or a reduction in charges. They know how to negotiate with prosecutors to steer the case away from the most severe penalties.
A good defense also involves thoroughly investigating your arrest, collecting mitigating evidence, and presenting a strong, fact-based argument in your favor. In addition, an attorney will be familiar with Nebraska’s sentencing laws and any recent legislative updates that could affect your case.
Just as important, they’ll walk you through each stage of the process, explaining your rights and helping you make informed choices. Jerry Hug at Hug and Jacobs LLC is dedicated to representing clients charged with serious offenses across Nebraska.
Call Hug and Jacobs LLC Today
Mandatory minimum sentences can dramatically affect the outcome of a criminal case, often leading to severe penalties that don't match the unique facts of the situation. A knowledgeable criminal defense attorney can help you understand the charges, protect your rights, and push back against unfair outcomes. At Hug and Jacobs LLC, we serve clients across Nebraska, including Fremont, Lincoln, Papillion, and Wahoo. Call us today.